Judicial Evolution and Its Place in Contemporary Governance

His Honour Judge Malcolm Simmons

Judge of the Supreme Court of the Falkland Islands
South Georgia and South Sandwich Islands and British Antarctic Territory

His Honour Judge Malcolm Simmons is a UK-qualified lawyer and judge.  Currently, he is Resident judge and His Majesty’s Coroner of the Falkland Islands, South Georgia, South Sandwich Islands and the British Antarctic Territory. He is also a judge of the Supreme Court of St. Helena. Judge Simmons has served as an international judge for over 20 years.  In 2004, he was appointed an international judge of the Court of Bosnia and Herzegovina, assigned to the war crime and serious organised crime panels. In 2008 he was appointed an international judge of the Supreme Court of Kosovo and presided in many war crimes and serious organised crime cases. In 2014, he was appointed President of EU international judges. Judge Simmons has also served on judicial councils in Bosnia & Herzegovina and Kosovo.  In addition to his judicial role, since 2017, Judge Simmons has been an international justice adviser and has worked in Maldives, Pakistan and Serbia. At the request of the Maldives Judicial Academy, Judge Simmons assessed the Judicial Training curriculum and advised on reform of judicial training and developed training modules and materials. Most recently, Judge Simmons developed and rolled-out a judicial performance evaluation scheme in the Maldives. In 2022, Judge Simmons was invited to lead the European Commission project, ‘Supporting Justice Reform and Anti-Corruption’ in Maldives. Following the successful completion of that project, he was requested by the European External Action Service to assist in designing the EU’s continuing engagement with the Maldives judiciary. Judge Simmons is a judicial traininer at the Judicial Education Institute and has delivered training across the Caribbean.

keynote Speech

Keynote Topic: Judicial Evolution and Its Place in Contemporary Governance

Post-Conference Session Topic

Topic: Remote Courts and Their Ability to Deliver Justice
Date: 21 August 2025
Time: 0900-1200 hours
Venue: –

Post-Conference Session Objectives / Synopsis

The digital court, in its various iterations, has become increasingly common over recent decades. The COVID pandemic has increased and, to some extent, justified the use of remote courts. Defendants regularly appear via video link in criminal courts throughout England and Wales and in many other jurisdictions. While there can be no doubt that remote courts present significant logistical and cost advantages for the State, fundamental questions remain about the ability of remote courts to guarantee a defendant’s fair trial rights, including, from an English perspective, those rights enshrined in the European Convention on Human Rights. This session considers the impact of remote courts on the perception and credibility of the remote participant, exploring nonverbal cues, audiovisual factors, and legal representation, and concludes that remote courts in a trial context breach a defendant’s fair trial and ECHR rights.